Dispute Management
Dispute Management Service
What is Dispute Management?
The claims that arose between the parties will not always be accepted. So ongoing disagreement is named as “dispute” after the parties reject the counterparty’s claims. There are some reasons for the dispute:
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- The understanding of the contractual terms or approach to the clauses are misconceived by the parties,
- One of the parties may try to dominate the Contract,
- Different or one-sided interpretations of the unclear clauses by the parties,
- Financial impossibilities or unexpected deprivations
- Different approaches to responsibility of the technical mistakes,
- Unfair determinations, power of authority problems,
- Lack of quality in the records, (financial, technical, correspondence) which makes impossible to understand the real fact.
And the similar issues may put the discrepancy between the parties in a worse position without solution.
In this situation, “Dispute Solution Methodology” which is identified in the Contract will be applied step by step.
- Litigation Method, if the contract predicts the solution method as “Court”, or
- Alternative Dispute Resolution Methods, The steps are as follows;
The steps are as follows;
- Alternative Dispute Resolution Methods. While the contractual relation goes on. DAB – DAAB – DRB (Dispute Adjudication Board – Dispute Avoidance and Adjudication Board – Dispute Resolution Board)
- Mediation – Conciliation
- Arbitration